Subject: Interim Supplemental Guidelines for Participation of
Students with Disabilities in State Assessments for 2005-06

This memorandum provides new
interim supplemental guidelines regarding the participation of students with
disabilities in State assessments for the 2005-06 school year only, pending
further action by the United States Department of Education (USDOE) regarding
modified standards and assessments. Since the locally selected assessment option
is no longer available, these new guidelines are necessary to meet
accountability requirements under the No Child Left Behind (NCLB) Act and to
ensure that all students with disabilities are appropriately included in the
State assessment program.

The
evaluation and individualized education program (IEP) provisions of the
Individuals with Disabilities Education Act (IDEA) place great emphasis on the
involvement and progress of children with disabilities in general curriculum and
inclusion in State assessments. The term "general curriculum" means the same
general education curriculum that is used with nondisabled children (8 NYCRR
200.1(t)). In New York State, all students with disabilities must
be participating in instruction, based on curriculum designed to achieve the
learning standards at the appropriate performance level for the student. This is
required regardless of where a student attends school or the type of school he
or she attends (i.e., public or approved private school, board of cooperative
educational services (BOCES) program or State-operated/State-supported school).

Most
students with disabilities are recommended by Committees on Special Education (CSEs)
to participate in general State assessments and a small percentage of students
with disabilities are recommended for participation in the
New York State Alternate Assessment
(NYSAA). There is another small group of students with disabilities who may need
more time before their participation in the general State assessments and who do
not meet the participation criteria for NYSAA. However, these students are
grade/age eligible for participation in grade 3-8 and high school State
assessments and must participate in an assessment under federal
and State law. These are students who, due to a performance gap resulting from
the students’ uniquedisability needs, are
unable to meet the grade/age level expectations to take the regular State
assessments and who do not meet the eligibility criteria for NYSAA.

The CSE may determine for State assessment purposes only that a student with a
disability is either graded or ungraded. For students with disabilities who are
ungraded for purposes of participation in State assessments, participation is
based on their birth dates (see chart below). Please note that students who
have been retained in the same grade in which they were enrolled during the
previous school year and are receiving instruction at or near that grade level
do not qualify for ungraded assessment status and must participate in the
assessments required of students of the grade in which they are currently
enrolled. In all cases, CSEs must ensure that parents understand what
instruction, curriculum and assessment their child is receiving and the impact
on graduation.

The student’s IEP provides information on the student’s current levels of
knowledge and development in subject and skill areas. For the 2005-06 school
year, this information will assist school administrators in consultation with
parents and teachers in determining whether a student is ungraded for purposes
of State assessments.

For State assessment and reporting purposes, a student with a disability who
meets one of the following criteria may be considered and reported as ungraded
for State assessment purposes:

·A student who is not eligible for NYSAA but whose instructional
level is significantly below (three or more years) the grade-level coursework in
English language arts (ELA) and mathematics of their nondisabled peers. This is
a student who, because of such factors as cognitive deficits or intellectual
capacity, is not able to meet typical age/grade level expectations even with
appropriate instructional programs and supports. The nature or severity of the
student’s disability is such that, even with the use of supplementary aids and
services, the student has a significant gap (three or more years) resulting from
his or her disability between the curriculum the student is receiving based on
his/her academic performance level and the curriculum generally appropriate for
non-disabled students of the same age. The determination that a student is
ungraded must be made by the CSE and reflected on the student’s IEP. The
decision should not be based solely on such factors as the student’s category of
disability, excessive or extended absences unrelated to the disability, language
differences or cultural or environmental factors. Ungraded status is not
determined by where a student is receiving his/her special education
services but by the level of instruction the student is receiving as
documented on the IEP. For example, a student may be receiving special
education supports and services in a Grade 6 classroom with his/her nondisabled
peers but be participating in a modified curriculum and the student’s
instructional level in ELA and mathematics is at Grade 3 level. This student
could be considered ungraded for purposes of participation in the State
assessment program and assessed according to his or her birth date.

2005-06 Guidelines for Testing Ungraded Students Who Are Not Eligible for
NYSAA

Students who meet the criteria
for ungraded for State assessment purposes as explained above and who are not
eligible for NYSAA may participate in the State general assessment program based
on their birth date as shown in the chart below. Students designated as
“ungraded” must take all required assessments based on the range of birth
dates indicated below, i.e., students may not take tests at two different levels
in the same year.

Age Ranges and Assessments
for the 2005-06 School Year for Ungraded Students with Disabilities Who Are Not
Eligible for NYSAA

Student’s Date of
Birth

Required
Assessments

July 1, 1995 and thereafter

No required assessments during this school year.

July 1, 1994–June 30,
1995

Grade 3 ELA, Mathematics

July 1, 1993–June 30,
1994

Grade 4 ELA, Mathematics, Science

July 1, 1992–June 30,
1993

Grade 5 ELA, Mathematics, Social Studies

July 1, 1991–June 30,
1992

Grade 6 ELA, Mathematics

July 1, 1990–June 30,
1991

Grade 7 ELA, Mathematics

July 1, 1989–June 30,
1990

Grade 8 ELA, Mathematics, Science, Social Studies

We anticipate that a
very small number of students with disabilities will be designated as ungraded.
As information becomes available from USDOE on the 2% flexibility for students
with disabilities taking modified assessments and how these students will be
counted under NCLB for accountability purposes, further information will be
disseminated to the field.

Please share this memorandum
with appropriate staff including Directors of Special Education, CSE
Chairpersons, Directors of Pupil Personnel Services and Principals. If you have
questions regarding test administration and ordering of State assessments,
please contact the Office of State Assessment at (518) 474-5099. If you have
any questions regarding data collection and reporting, please contact the Office
of Information and Reporting Services at (518) 474-7965. All other questions
may be directed to the Special Education Policy and Partnerships Unit at (518)
473-2878 or your Regional Associate at one of the following Special Education
Quality Assurance Regional Offices: